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Kissimmee Sexual Battery Defense
Florida law uses the term “sexual battery” for what most people call rape: oral, anal, or vaginal penetration by — or union with — the sexual organ of another, or penetration by another object, without consent (Florida Statutes § 794.011). It is one of the most seriously punished offenses in Florida, and also one of the most frequently contested at trial, because the entire case often comes down to the question of consent between two people with no other witnesses.
Chad Seibel prosecuted sex offense cases before he began defending them. If you are under investigation or have been arrested in Osceola or Orange County, call or text 407-846-8008 before you speak to anyone — including friends, family, or the accuser.
Degrees and Penalties of Sexual Battery in Florida
The degree of the charge depends on the ages involved and the circumstances. For adult defendants:
• Life felony — § 794.011(3). Sexual battery on a victim 12 or older using or threatening a deadly weapon, or using physical force likely to cause serious personal injury. Punishable by up to life in prison and a fine of up to $15,000.
• First-degree felony — § 794.011(4). Sexual battery on a victim 12 or older under specified circumstances: the victim was physically helpless to resist; the offender threatened force or retaliation; the victim was drugged without their knowledge; the victim was mentally defective or physically incapacitated; or the offender was a law enforcement or corrections officer claiming authority. Where the victim is an adult, the maximum is 30 years in prison; where the victim is 12–17 and the offender an adult, the sentence can run up to life.
• Second-degree felony — § 794.011(5). Sexual battery on a victim 18 or older without consent, where no weapon or force likely to cause serious injury was used. Up to 15 years in prison and a $10,000 fine. (Where the victim is 12–17 and the offender an adult, this becomes a first-degree felony.)
Separate and much harsher rules apply when the alleged victim is under 12 — see our Capital Sexual Battery page — and when the offender holds familial or custodial authority over a minor (§ 794.011(8)).
Mandatory Minimums: The Dangerous Sexual Felony Offender Law
Florida's Dangerous Sexual Felony Offender statute (§ 794.0115) applies to adult defendants in § 794.011 cases who caused serious personal injury, used or threatened a deadly weapon, victimized more than one person, were under criminal supervision at the time, or have a prior qualifying conviction. For offenses committed on or after October 1, 2014, it carries a mandatory minimum of 50 years in prison, up to life (25 years for earlier offenses). Since October 1, 2025, a separate repeat-offender statute (§ 794.0116) adds mandatory minimums across a range of sexual offenses. Whether one of these enhancements applies — and whether the State can prove the facts that trigger it — is often the most consequential battle in the case.
Consent, and What the State Must Prove
For adult-victim sexual battery, consent is the central issue. Under Florida law, consent means intelligent, knowing, and voluntary consent — not coerced submission. But the law is equally clear that the accuser does not have to physically resist, and the State does not have to prove the accuser resisted. That means these cases turn on credibility: what was said, what was done, text messages before and after, witness accounts of the evening, intoxication levels, and the forensic evidence.
A false or mistaken accusation is not rare, and it is a complete defense. Accusations arise out of regret, relationships discovered by a spouse, custody litigation, and misremembered intoxicated encounters. The defense's job is to develop that evidence before trial — not just assert it.
How a Former Prosecutor Defends These Cases
• The controlled call. Detectives often have the accuser phone the suspect while recording, hoping for an apology or admission. If you received an unexpected, emotionally charged call about “that night” — the investigation has already started. Say nothing and call a lawyer.
• The rape kit and DNA. Physical findings frequently establish only contact, not lack of consent. We make the State's experts say exactly what the evidence does and does not show.
• Digital evidence. Messages, location data, and ride-share and door-camera records often contradict the timeline in the arrest affidavit.
• Motions to suppress and exclude. Unlawful searches, improperly obtained statements, and inadmissible prior-act evidence can be kept from the jury.
Frequently Asked Questions
Is there a difference between rape and sexual battery in Florida?
No — Florida statutes do not use the word “rape.” Sexual battery under § 794.011 is the charge, whatever the police report calls it.
Can I be convicted on the accuser's word alone?
Legally, yes — corroboration is not required. Practically, that is exactly why these cases can be defended: when the case is one person's word, credibility, motive, and inconsistency are everything.
Does a sexual battery conviction require sex offender registration?
Yes. Any § 794.011 conviction is a qualifying offense, and the most serious variants bring sexual predator designation with lifetime, quarterly in-person registration.
What if we were both drinking?
Voluntary intoxication by the accuser does not automatically make an encounter non-consensual; the State must prove lack of consent or that the accuser was physically helpless. These are heavily fact-dependent questions and precisely where a trial lawyer earns the fee.
Call Before You Talk to Anyone
The decisions you make in the first 48 hours — especially the decision not to give a statement — can decide the case. Chad Seibel defends sexual battery cases throughout Kissimmee, Orlando, and Central Florida. Call or text 407-846-8008 for a free, confidential consultation. Office visits are by appointment only.